[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Rules and Regulations]
[Pages 37250-37251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18395]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-080]
RIN 2115-AE47


Drawbridge Operation Regulations; Beaufort Channel, Beaufort, 
North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Greydon Paul Drawbridge on US 70 across Beaufort 
Channel, (also known as Gallant's Channel) mile 0.1, located in 
Beaufort, North Carolina, at the request of the North Carolina 
Department of Transportation.
    The final rule eliminates drawbridge openings at 7:40 a.m., 8:40 
a.m., 4:40 p.m., and 5:40 p.m. on weekdays only. All other provisions 
of the existing regulations for this bridge remain the same. This final 
rule is intended to reduce motor vehicular delays and congestion 
related to commuter traffic going to and from work in the mornings and 
evenings, while still providing for the reasonable needs of navigation.

DATES: This final rule is effective on August 10, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection for copying at the office of the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
398-6222.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, 
Fifth Coast Guard District (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 17, 1997, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Beaufort Channel, Beaufort, North Carolina'' in the Federal Register 
(62 FR 66039). The Coast Guard received 21 letters commenting on the 
proposed rulemaking. No public hearing was requested and none was held.

Background and Purpose

    The Greydon Paul Drawbridge across Beaufort Channel, located in 
Beaufort, North Carolina, is owned and operated by the North Carolina 
Department of Transportation (NCDOT). The current regulations at 33 CFR 
117.822 require the bridge to open on signal except that from 6 a.m. to 
10 p.m., the draw opens on signal for all vessels waiting to pass every 
hour on the hour, twenty minutes past the hour and forty minutes past 
the hour.
    NCDOT requested that openings of the Greydon Paul Drawbridge be 
further restricted during weekday morning and evening rush hours. This 
request to change the current regulation is based on heavy vehicular 
commuter traffic traveling to and from the town of Beaufort during peak 
rush hour periods. The Greydon Paul Drawbridge is located on US Highway 
70, which is the only corridor entering and exiting the town of 
Beaufort from Morehead City, North Carolina. During rush hour periods, 
drawbridge openings create long traffic backups often extending for 6 
to 7 miles. The heavy congestion often results in vehicular accidents. 
NCDOT contended that by eliminating one scheduled opening per hour 
during rush hours, vehicular traffic congestion on US Highway 70 will 
be reduced and highway safety will be increased without placing undue 
hardship on vessel traffic.
    NCDOT provided the Coast Guard with statistical data which shows 
the total number of openings and of vessels passing through the 
Beaufort Bridge at the regularly scheduled 7:40 a.m., 8:40 a.m., 4:40 
p.m., and 5:40 p.m. openings during August, 1997, which is one of the 
peak summer months for boating traffic in this area. The data revealed 
that only 42 out of a possible 120 drawbridge openings were required at 
these scheduled opening times, and a total of 65 vessels passed through 
the bridge. The Coast Guard has determined that since vessel traffic 
only needed 35% of these rush hour openings, and there was minimal 
vessel traffic at these times, a reduction in the number of openings 
will not substantially impact navigational traffic, but will provide a 
positive offsetting benefit to vehicular traffic.
    Therefore, the Coast Guard is amending 117.822 by eliminating 
drawbridge openings at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m. 
on weekdays only, year round. All other provisions of the existing 
regulation will remain the same.

Discussion of Comments and Changes

    The Coast Guard received 20 comments on the NPRM in support of 
permanently closing the bridge to all vessel traffic. These comments 
did not address the proposed change to the regulations. One comment was 
received requesting no additional restrictions or changes to the 
current regulations. Since all but one of the comments did not address 
the proposed change for which comments were being solicited, and the 
Coast Guard has determined permanently closing the bridge to all vessel 
traffic is unreasonable and unfair, the final rule is being implemented 
without change.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this

[[Page 37251]]

final rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The Coast Guard reached this conclusion based on the fact 
that the final rule will not prevent mariners from transiting the 
bridge, but merely require them to plan their transits in accordance 
with the scheduled bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because it expects the impact of this final rule to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This final rule contains no collection of information requirement 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principles 
and criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph (32)(e) of 
COMDTINST M16475.1C, this final rule is categorically excluded from 
further environmental documentation based on the fact that it is a 
promulgation of the operating regulations for a drawbridge. A 
Categorical Exclusion Determination statement has been prepared and 
placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.822 is revised to read as follows:


Sec. 117.822  Beaufort Channel, NC.

    The draw of the US 70 bridge, mile 0.1., at Beaufort, shall open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open every hour on 
the hour, twenty minutes past the hour and forty minutes past the hour; 
except that on weekdays the bridge need not open at 7:40 a.m., 8:40 
a.m., 4:40 p.m. and 5:40 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

    Dated: June 23, 1998.
P.M. Stillman,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 98-18395 Filed 7-9-98; 8:45 am]
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